Adjustment of Status

If you are looking to obtain a green card through adjustment of status, get the involvement of an experienced lawyer at Pozo Goldstein, LLP.

One way of achieving permanent residency in the United States, as allowed by the Immigration and Nationality Act (INA), is through what is known as an “adjustment of status.” This is exactly what it sounds like – a process that an immigrant can go through to change their status from a temporary resident in the United States to a permanent one. To qualify for this, the applicant must meet certain qualifications, depending on their category (family, employment, special class or more).

The first step in an adjustment of status is determining which category you fit – if any will work. Typically, you will become qualified by having a petition filed on your behalf; however, there are certain circumstances where other factors will qualify you (such as obtainment of an asylum status). If you qualify under a category, you will then have this petition filed on your behalf; you may be able to file your Form I-485 Application to Register Permanent Resident of Adjust Status at the same time. This is known as “concurrent filing.”

After the petition filing has been completed, you will need to make sure that your Form I-485 is filed at the correct time (no matter whether concurrently or later when a visa becomes available). When you finally are available to file, it is important that you work with an experienced lawyer to ensure that the forms are properly filled out and that all supporting documentation is filed.

The first thing that you will need to do following the filing of your application is to go to the Application Support Center to have your fingerprints scanned; you will also be required to provide your signature and have your photo taken. In some cases, you will also need to schedule an interview with the USCIS. During this, you will be placed under oath and will need to answer all relevant questions.

Following the interview, you will be notified of the final decision in writing by the UCSIC. If accepted, your granting of a status as a lawful permanent resident (LPR) is recorded. If not, you may be given instructions as to how you can appeal the decision. You cannot always file an appeal, but if you can, you only have thirty days in which to act. You may be eligible to file a Motion to Reopen or Reconsider.

Advantages of Adjustment of Status

While an adjustment of status typically takes longer than consular processing (one to two years as opposed to six to twelve months), there are several benefits that can be achieved by following this pathway to a green card. One is that while going through the process, some immigrants will be able to concurrently apply for an Advance Parole, which will allow them to travel abroad while their status is pending. Immigrants will also be able to apply for a work permit so that they can maintain employment in the U.S. during the pending. Finally, the immigrant will be able to lawfully stay in the United States while their status is pending.

Why hire a New York immigration attorney?

If you are looking to seek a green card through an adjustment of status, it is in your best interests to get the involvement of an experienced lawyer as soon as possible. At Pozo Goldstein, LLP, we have years of experience in immigration law and will know the best strategy towards helping you achieve status as a LPR in the United States. To learn more about how we can help, please to not hesitate to give us a call today.